Desconsideração da personalidade jurídica e o consentimento à cláusula arbitral

Abstract

The purpose of this paper is to investigate the arbitration procedure and its relationship to the theory of disregarding the corporate entity. The issue of disregarding the corporate entity in arbitration is relatively new to the law and is still in its early stages. In this context, this work investigates, through substantiation of the intentions of non-signatory partners, the plausibility of including them in arbitration and their legitimacy in carrying out the disregarding the corporate entity in the core of this eminently private process. The appropriateness of the analysis of the request for disregarding the corporate entity in the arbitration procedure will be better understood through the interpretation of the contractors' intentions in drafting the arbitration clause and its impact on the legitimate jurisdiction of the arbitral tribunal. Throughout the research, questions of great importance to the operation will be answered, revealing in the arbitration principles allied to instruments of intention exploration, with particular emphasis on the theory of attributive disregarding, a safe, legitimate, and legal path for the referee to consider this issue